Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Australia (Ratification: 1959)

Article 2 of the Convention. Schedule. List of occupational diseases. Australian Capital Territory, Northern Territory, Western Australia and Tasmania. The Committee notes that the list of diseases deemed to be work-related is contained in: (1) Schedule I of the Workers Compensation Regulation 2002 for Australian Capital Territory; (2) Schedule 2 of the Return to Work Regulations 1986 for Northern Territory; (3) Schedule 1 of the Workers Compensation and Injury Management Regulations 2024 for Western Australia; and (4) the Workers Rehabilitation and Compensation (Deemed diseases) Notice 2017, in Tasmania. The Committee observes that none of these lists include anthrax diseases contracted in employment related to the “loading and unloading or transport of merchandise”, as required by the Convention. The Committee therefore requests the Government to provide information on the legislative measures taken to ensure that anthrax diseases contracted in employment related to the loading and unloading or transport of merchandise in general are recognized as occupational diseases in the above-listed territories.

South Australia and New South Wales. The Committee notes that the list of diseases deemed to be work-related is contained in Schedule 2 of the Return to Work Act 2014 for South Australia and Schedule 1 of the Workers Compensation Regulation 2016 for New South Wales. The Committee observes that both Schedules cover anthrax arising from work involving transport, loading or unloading of animals or carcasses or merchandise that has come in contact with animals infected with anthrax. In this regard, the Committee wishes to recall that the Schedule appended to Article 2 of the Convention recognizes the occupational origin of anthrax infection whenever it affects workers involved in loading and unloading or transport of merchandise in general, so as to protect workers who have to handle merchandise of such a varied nature that it would be difficult, if not impossible, to prove that the merchandise handled has been in contact with infected animals or parts of animals. The Committee therefore requests the Government to provide information on the legislative measures taken to ensure that all activities involving loading and unloading or transport of merchandise in general are considered as likely to cause anthrax, and not only of animals or merchandise that has come in contact with infected animals.

Queensland and Victoria. The Committee notes that the Workers’ Compensation and Rehabilitation Act 2003, in Queensland, and the Workplace Injury Rehabilitation and Compensation Act 2013, in Victoria, do not contain a list of occupational diseases. Recalling that Article 2 of the Convention recognizes the presumption of occupational origin of the diseases listed by the Convention for workers engaged in the corresponding occupations or industries, the Committee requests the Government to provide information on the legislative measures taken to ensure the adoption of a list of occupational diseases for Queensland and Victoria, in compliance with the Convention.

The Committee recalls that the ILO Governing Body at its 346th Session, October–November 2022, on the recommendation of the Standards Review Mechanism Tripartite Working Group, acknowledged the classification of Convention No. 42 as outdated, and placed an item on the agenda of the 121st Session of the International Labour Conference (2033) for the consideration of its abrogation. 

The Governing Body requested the Office to undertake follow-up action to actively encourage the ratification of up-to-date instruments, Convention No. 121 and/or Convention No. 102 (Part VI), concerning employment injury benefits. In this context, the Committee encourages the Government to consider ratifying the most up-to-date instruments in this subject area.